Can The Senate Really Refuse To Seat Blago's Appointment?
CBS News senior political correspondent Jeff Greenfield takes a look at historic precedent that suggests Senate Democrats could have a difficult time if they chose to fight embattled Gov. Blagojevich's reported appointment of Roland Burris to the U.S. Senate.
Can the U.S. Senate refuse to seat a Senator appointed by Governor Blagojevich? Senate Majority Leader Harry Reid seemed to suggest that when he cited Article I, Section 5 of the U.S. Constitution, saying that each house of the Congress shall judge the qualifications of its members.
But is this power absolute? Not according to the Supreme Court. In 1969, the Court ruled that the House of Representatives did NOT have the power to refuse to seat Rep. Adam Clayton Powell, Jr., the New York Congressman who was embroiled in a legal case that resulted in a contempt citation being issued against him.
The House’s power to judge “qualifications”, the Court said, meant Constitutional qualifications: age, citizenship, that sort of thing.
It’s also clear, based on a Supreme Court case involving Julian Bond, that a state legislature could not refuse to seat an elected state Senator because the majority of his colleagues found Bond's views on the Vietnam War abhorrent.
In the past, the Senate has ruled on appointments where the power of an outgoing governor to make an appointment was unclear. But as of now, there seems little question that Blagojevich is still the governor; the state legislature has not changed the appointment power; and as of now, Blagojevich has not been convicted, or even indicted.
By contrast, the Senate may well have more Constitutional power to expel a Senator than to refuse to seat one. But that raises the dicey political question: would the Senate really want to expel a qualified, experienced political veteran who has never been tainted with any scandal? And who, by the way, would be the only African-American in that body?
Who says there’s no juicy political news between Christmas and New Year’s Day.
Can the U.S. Senate refuse to seat a Senator appointed by Governor Blagojevich? Senate Majority Leader Harry Reid seemed to suggest that when he cited Article I, Section 5 of the U.S. Constitution, saying that each house of the Congress shall judge the qualifications of its members.
But is this power absolute? Not according to the Supreme Court. In 1969, the Court ruled that the House of Representatives did NOT have the power to refuse to seat Rep. Adam Clayton Powell, Jr., the New York Congressman who was embroiled in a legal case that resulted in a contempt citation being issued against him.
The House’s power to judge “qualifications”, the Court said, meant Constitutional qualifications: age, citizenship, that sort of thing.
It’s also clear, based on a Supreme Court case involving Julian Bond, that a state legislature could not refuse to seat an elected state Senator because the majority of his colleagues found Bond's views on the Vietnam War abhorrent.
In the past, the Senate has ruled on appointments where the power of an outgoing governor to make an appointment was unclear. But as of now, there seems little question that Blagojevich is still the governor; the state legislature has not changed the appointment power; and as of now, Blagojevich has not been convicted, or even indicted.
By contrast, the Senate may well have more Constitutional power to expel a Senator than to refuse to seat one. But that raises the dicey political question: would the Senate really want to expel a qualified, experienced political veteran who has never been tainted with any scandal? And who, by the way, would be the only African-American in that body?
Who says there’s no juicy political news between Christmas and New Year’s Day.
There are no grounds to reject Burris; he is a decent person.
Unless he bought the seat.
I doubt, however, that he will be re-elected.
Most of us Illoinoisans want a special election.
No, they can''t. Thanks for playing!
Why you seem to think it is ONLY the Democrats who have problems is not only ignorant, but ridiculous unless you have failed to watch your twice elected-twice failed bumbling idiot inept POTUS, most evil and corrupt VP, and all his good buddies in his cabinet as well as in our courts whom he has managed to appoint to our Supreme Court. No, the Dems are not twisting themselves into pretzels trying to justify any corrupt party member since our party is no more corrupt than yours and perhaps yours is even more so. Should we go down the list of corrupt officials or do you want to settle on those I mentioned above? Talk about twisted? Not [only the current corrupt creeps leaving office shortly, but McCain [the biggest fraud and opportunist to ever live, corrupt in the S&L scandal of the 80s], Palin [violated ethics laws], Ted Stevens [corrupt and 7-count convicted felon], Larry Craig [bathroom gay *** Craig], etc. You get my drift! So don''t say Dems are the only corrupt pols.
Posted by CBSisPravda1 at 02:57 PM : Dec 30, 2008
Well, it looks like he got it right with at least one of those white boys. If the shoe fits, wear it.
Sadly, the standard for criminal behavior when it comes to elected officals is such that most enjoy carefree lives, milking the pay-to-play system - and taxpayers - for all we''re worth.
Don''t you just love the feint umbrage by Reid and the rest of them? They openly take bribes every day to influence their votes on every manner of legislation, or whether legislation sees the light of day or not, or steer taxpayer dollars to their friends and special interests (read, "campaign contributors").
The US Congress, and most state legislatures - certainly here in New York, are as guilty and corrupt and unethical and criminal as it gets.
Reid and the rest of them, from both parties, are a joke.
1. The Illinois Governor appoints Mr. Burris, obviously a well-qualified Black man to Obama''s senate seat knowing that the entire senate has already said they will not confirm anybody he apoints.
2. Illinois Representative Rush gets up at tne news conference and states that this man MUST be confirmed because he is an African American and we have to place an African American in that position. We need more African Americans in the Senate and to not seat him would be a public lynching. He would challange anybody to not appoint this man (in others words, charge them with the big threat of the times...racism)
3. CNN/CBS other news outlet leave out the story of Rep. Rush because they KNOW it will cause problems for their coherts in the Democratic Party. If Harry Reid & the others in the Senate don''t appoint the black man, they are racist. If they do appoint him, they went back on what they clearly stated they would not do.
4. CNN/ABC/CBS come up with a way to cover it up like they covered up for Obama during the last 2 years....they are now reporting that it would be against the law to block the appointment....PROBLEM SOLVED!
HILARIOUS...we have no journalists anymore, just spokespeople for the DNC.
Sadly, the standard for criminal behavior when it comes to elected officals is such that most enjoy carefree lives, milking the pay-to-play system - and taxpayers - for all we''''re worth.
Don''''t you just love the feint umbrage by Reid and the rest of them? They openly take bribes every day to influence their votes on every manner of legislation, or whether legislation sees the light of day or not, or steer taxpayer dollars to their friends and special interests (read, "campaign contributors").
The US Congress, and most state legislatures - certainly here in New York, are as guilty and corrupt and unethical and criminal as it gets.
Reid and the rest of them, from both parties, are a joke.
Nailed it!!!
God I love this country! Never a dull moment!!
Blago was selected for wire-taps on what information and who''s authority?? Where did the orders to investigate this obscure case come from??? With all the SERIOUS Lawlessness in the Bush/Cheney Crime Cartel, including the Justice Department that acts not as an Independent Entity acting on behalf of the American people to uphold the Constitution and Rule of Law, but a Subsidiary Buffer for the Cartel''s Criminal activities, who gave the orders to investigate the Governor of Obama''s home state, someone who could be used to smear the new President before he''s even taken office???
This entire thing has Rovian Stink all over it.....
It''s A$$''s like you that ruin the board for everyone. Happy New Year A$$-hole!
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by tincup356
December 31, 2008 7:43 PM PST
- the people should have the choice in a special election......that is who this person is supposed to be representing ...isn''t it? Oh I forgot in today''s politics they don''t represent people they represent lobbyists. The very best government money can buy.....who cares if they don''t represent the people ? We ought to be used to it ...we have had no representation for over 40 years now.
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